The development of a cadastral map is a complex and multifaceted process, resulting in information about the state of ownership and the objects of the cadastre for a given territory at a certain point in time – the moment of approval of the cadastral map.

But with the creation and approval of the cadastral map, life does not stop. The natural pursuit of people is to buy and sell their properties or parts of them, to build new buildings, factories, engineering facilities and other objects related to the development of their business, life and rest. Ie. in real-life real estate properties arise, unite, change their borders and property, disappear, and so on. All this leads to a discrepancy between the contents of the cadastral map at the time of its creation and the actual state of the real estate for the given area of ​​the earth's surface. In other words, in its content, the cadastral map lags behind real life.

It is for this reason that the process is enforced „Keep the cadastral map up to date“ detailed in Chapter 7 of Decree RD-02-20-5 of 15 December 2016„ For the content, creation and maintenance of the cadastral map and cadastral registers“ (http://www.lex.bg/bg/mobile/ldoc/2136991982) titled MAINTENANCE OF THE CADASTRAL CARD AND CADASTRAL REGISTERS

There are different approaches to organizing the maintenance of cadastral maps. In our country for the maintenance of the cadastral map is adopted the so-calleda sporadic approach. This means that any individual change in the actual reality (the occurrence, change or disappearance of the real estate), which results in a discrepancy between the cadastral map content and the actual state of the cadastral objects, must be reflected as quickly as possible in the cadastral map.

Regarding the sporadicity in the maintenance of the cadastre, two moments can be noted:

First moment & amp; ndash; actuality in the state of the landed properties.

In this case, there are no significant problems in resolving the issue of sporadic maintenance of the cadastral map as all changes in landed properties (division, merging or alteration of form and boundaries) are carried out by the Cadastre Offices on the explicit wish of the owner of the landed property and directly on the existing cadastral database.

Second  - up-to-date real estate & amp; ndash; buildings and facilities.

In this case, things are more complicated. The reason is that the issuance of a building permit for one site or another and the control of the construction process is done not by the authorities responsible for the state of the cadastre but by the municipal administrations. In other words, the cadastre does not know and can not know where and when a new building or infrastructure object arises. For this reason, in order to ensure that the authorities responsible for the state of the cadastre will receive in due time the information they need about the emergence of new cadastral sites (buildings and facilities) which are inherently different from the landed properties, the owners or the investors respectively submit data on these sites to the cadastre offices at the location of the building.

This requirement to the owners (the investors) is regulated in Art. 54a para. 2 and para. 3 of the Cadastre and Land Register Act, which state:

(2) The owner, respectively the assignor, is obliged to provide the geodesy, cartography and cadastre department with data on the built, upgraded, built-in buildings, underground buildings, reconstructed or demolished buildings, for the separate objects in buildings and in the facilities of the technical infrastructure, as well as for the zones of constraints under conditions and by order, determined by the ordinance under Art. 31.

(3)A building or a facility with a separate site's technical infrastructure and constructions that create restricted areas shall not be put into operation until the owner, respectively the assignor, submits a certificate from the Geodesy, Cartography and Cadastre Office that the obligation under para .2 and the data to be covered are mapped into the cadastral map and cadastral registers.

The same requirement is regulated in the Spatial Development Act, which contains the following texts:

Art. 175 para 5.  „ All executive documentation is submitted for unlimited storage to the authority that issued the building permit, and the necessary volume - and the Agency for Geodesy, Cartography and Cadastre“

Art.177 para. 1. „ Upon completion of the construction and completion of the acceptance tests, when they are necessary, the contracting authority shall submit an application to the body under par. 2 or 3 for putting the site into service by presenting ....... and a document from the Agency for Geodesy, Cartography and Cadastre that the requirement under Art. 175, para. 5.“

 

The fulfillment of the above mentioned requirements is accomplished by completing the project for alteration of the cadastral map providing for the provision  the necessary information on the geo-spatial position of the new building (engineering facility) as a set of geodetic data, as well as the information on the available independent objects in the building (the engineering facility), if any.

In order to prepare the necessary information, the Employer shall submit to the licensed person –Surveyor the following data:

• Document of ownership of the property or divested right to build;
• Design visa;
• Building permit;
• Architectural project – certified by the municipal administration (in digital and graphic form);
• Act 14 for completion of the building in rough construction or act № 15;
• Flat paneling made up of a licensed appraiser;
• All available documents governing the property rights of the building and its separate objects, if any.

 

Based on the information provided by the assignor, the field surveys and the use of data from the existing cadastral map, the licensed surveyor draws up a sketch of a draft for the alteration of the cadastral map, which is completed with the necessary data and is submitted to the Geodesy and Cartography Service cadastre according to the location of the property.

 

The following individual buildings can be assigned to the buildings:

 

Apartment, flat

Creative workshop

Garage

Infrastructure Object

For commercial activity

For household service activities

For public catering

For kindergarten

For health and social services

For cultural and social activities

For an office

For stock

Special purpose sites

Another type of standalone object

 

The contours of the individual objects are derived from the architectural design of the building. For each standalone property the property is entered according to the documents submitted by the assignor for ownership – building permit, notarial deeds for the right to build, notary deeds for purchase in a rough construction, etc. In addition to the ownership data, based on the plots table of each individual object, its built-up living area, the percentage of ideal parts of the building to be allocated to the stand-alone object and the adjoining premises (cellar, ceiling, parking space, etc. )

Parks in underground or overground parking spaces are not reflected in the cadastral map as a standalone site.

            

 

                          

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